Panama City Florida Injury Lawyer Blog

In the late 1980s, I sued the U.S. government repeatedly for Tyndall Hospital's failure to properly diagnose chest pain patients, retired military men, in their late 40s and early 50s and to intervene to prevent fatal heart attacks days and weeks later. Their families and I changed the way chest pain patients were screened worldwide in the U.S. Air Force, and we saved thousands of lives.

Today, it is civilians like you and me, Joe and Donna, and Jim, who are at risk. Death occurs most often because of heart attack, stroke, and cancer. Heart attack is Number One. Heart attacks occur when blood clots form in the arteries that provide blood to the heart muscle. First, never delay when chest pain occurs. Call 911. Don't be embarrassed by calling. Yes, it could be indigestion, but it could also be a heart attack. Let the professionals figure that out. Time is critical.

Next, we have to ask if everything is being done from the moment a person is in the ambulance. Is it, or isn't it? Richard Smalling is an interventional cardiologist at University of Texas. He says the emergency medical tech first responders in ambulances are hugely important in preventing fatalities from heart attacks. In Houston, where he works, they are able to give IV clot busting drugs to people who are apparently having heart attacks while they are on their way to the hospital. Since it is crucial in saving heart muscle to administer these drugs quickly, they are saving lives before the patients ever arrive at the emergency room.

The window of opportunity for saving the heart muscle, thought some years ago to be 4-6 hours, now is known to be about 2 hours. According to Smalling, the difference is huge, something like 70% heart muscle death down to 20% if the drug is given rapidly. Are our Emergency Medical Technicians in our viewing area giving these drugs? If not, why not? Many lives might be saved?

Work is a necessity for most Americans. For some, the workplace is fraught with the potential for a serious injury. This threat is particularly prominent in the construction industry, where workplace injuries can be serious and life-threatening. Our Panama City workplace injury lawyer believes in protecting workers and advocating for people injured on the job. While workers compensation is sometimes the only recourse for an injured worker, victims of construction accidents and other hazardous workplaces should know that some workplace accidents can also give rise to a personal injury or wrongful death claim.

54 Year Old Worker Killed By Front-End Loader at Construction Site
On Wednesday morning, as reported by Northwest Florida Daily News, a 54 year old man from Atlanta was killed at a local construction site. Crews have been working on the Topsail Apartments site, located on Dune Lake Circle near the intersection of Hewitt Road and U.S. Highway 98, since October. At 6:45 A.M. on Wednesday, Iran Covarrubias, age 25 of Freeport, was driving a front-end loader on a paved driveway used to access the complex. According to reports, he had turned the 2005 John Deere L22 Loader onto the driveway when another man stepped in front of the vehicle. The man, believed to be a carpenter working for a subcontractor, fell after being struck by the vehicle's front tire and the tire proceeded to run over the victim. He was pronounced dead at the scene.

Both Florida Highway Patrol ("FHP") and representatives from the Occupational Safety and Health Administration ("OSHA") are investigating. The FHP will conduct a traffic investigation and OSHA will review the incident to determine if workplace safety hazards played a role in the fatality.

OSHA Statistics on Workplace Accidents and Construction Industry Dangers
OSHA's website provides a range of statistics on workplace accidents. The agency reports that 4,609 workers were killed in on-the-job incidents in 2011, a number that works out to nearly 13 deaths per day. Additionally, nearly four million American workers suffer a workplace injury every year. The construction industry accounted for 17.5% of the workplace death in 2011. Nearly three out of five (57%) of the construction fatalities involved the so-called "Fatal Four": Falls (251 deaths in 2011, 35% of the total construction deaths); Struck by Object (73, 10%); Electrocution (67, 9%); Caught in-between (19, 3%).

Panama City Injury Lawyer Reminds Victims that Worker's Compensation May Not Be Their Only Recourse
Worker's compensation is the first, and sometimes only, source of compensation for people hurt in workplace injuries. However, some construction workplace accidents involve additional factors that give rise to a personal injury claim or a wrongful death lawsuit. Examples include subcontractor negligence, defective products, crane/scaffolding accidents, and electrocution. These cases generally involve negligence on behalf of a party other than the immediate employer such as an equipment supplier or a subcontractor. An injury lawsuit can provide a wider array of damages than the limited amounts available under the workers compensation system.

If you have suffered a serious injury or lost a loved one in a workplace accident in Panama City, do not assume worker's compensation is your only recourse. Our Panama City personal injury attorney will evaluate your case and help you determine whether you have a civil injury claim. Call our office to arrange a free consultation.

See Related Blog Posts:
Construction Zone Accident Kills Worker and Critically Injures Driver

Five-Year Statistic Shows Panama City Leads Mid-Sized Florida Cities in Fatal Vehicle Crashes

(Photo by Dave Lindblom)

It was not the update we hoped to hear. It is news that has left a community in mourning. We recently discussed the contours of Florida dog bite law. We now find the same events have left a family without a child and facing a tragedy beyond any words. From a legal standpoint, the story turns from dog bite law to the wrongful death of a child. Our Panama City wrongful death attorney is prepared to help parents facing this unimaginable loss.

Seven Year Old Callaway Boy Dies After Dog Attack
In a tragic turn, The News Herald reported that a child who was left in critical condition after a dog attack has succumbed to his injuries. On Tuesday April 2, Fat Boy (an Alapaha blue bulldog) and MJ (a brindle bulldog) escaped from their owner's property on Kelly Court in Callaway. Witnesses report the dog chased another child before attacking seven year old Tyler Jett who was riding his bike. The dogs mauled the child and punctured his carotid artery before Tyler's family was able to chase them away. Tyler was taken to a local hospital and transferred to Sacred Heart Children's Hospital's pediatric intensive care unit in Pensacola. He died on Sunday at around 12:30 PM.

Following the attack, Bay County Sheriff's Office searched the home of the dogs' owner, Edward Daniela Jr., and found marijuana and drug paraphernalia. They arrested him on drug charges and added a tampering with evidence charge the following day based on allegations that Daniels washed blood off the dogs after the attack. Another update in the Herald reports that manslaughter charges have been filed since Tyler's death.

Pursuant to state law, any animal that is involved in the severe injury or death of a person will be euthanized unless an appeal is filed within ten working days. Daniels has received notice of the law and the dogs are currently in the custody of Bay County Animal Control. A spokeswoman noted that four dachshund puppies found in Daniels' home have been returned to the care of his mother who also lives in the home.

Applying Florida's Wrongful Death Act to the Death of a Minor Child
No parent should have to face the death of a child and no lawsuit can even come close to compensating someone or such a terrible loss. While it may be hard to think about, parents should know that Florida's Wrongful Death Act may apply when the death is the result of someone else's negligence or wrongful actions. This is a civil action for monetary damages and it is separate from any criminal charges. In addition to any medical or funeral expenses, the financial damages recoverable for the loss of a child include an estimate of the monetary support the child may have provided to the family. The Act also specifically provides that parents of a minor can recover damages for mental pain and suffering. Claims for wrongful death in Florida are subject to a two year statute of limitations.

In addition to being an experienced Panama City lawyer, Attorney Pittman is a proud father. Our team strives to treat every client with respect and we promise to always remember the very real lives behind every wrongful death case. We know that no lawsuit can bring back a lost loved one, but monetary damages can be crucial and can allow family members to seek needed counseling and care. If you are the parent of a child who died due to someone else's wrongful or negligent acts, please call our Panama City victim's law firm. Let us help you seek justice on behalf of your lost loved one.

See Related Blog Posts:
Five-Year Statistic Shows Panama City Leads Mid-Sized Florida Cities in Fatal Vehicle Crashes

Panama City Event Honors the Memory of Loved Ones Whose Lives Were Taken by Violence

Last week, our community lost a treasure, and my family, along with many others, lost a friend. The newspaper article about Frank Knowles' tragic and unnecessary death was titled, "Harbor Pilot Was An Institution."

On the ill-fated night of his death, Frank went through St. Andrews Bay Pass into the Gulf on a pilot boat to board a ship. For 37 years, it had been his duty to safely bring ships into the bay and dock them. He was the longest working harbor pilot in Florida. In all those years, he had climbed from the small pilot boat onto a rope Jacob's ladder and then up to the ship's deck high above. Thousands of times. Sometimes when an empty cargo ship was riding too high for the ladder to reach the level of his pilot boat, the ship's crew created a combination of the gangway and the Jacob's ladder to get its lower end to a usable level.

Such was the case as Frank made his last climb toward the ship's deck. Tragically, the crew rigged the ladder wrong. Frank could not make the transition from ladder to gangway. While trying, he fell into the nighttime waters of the Gulf and could not be located in time since, again, the ship's crew was negligent. They failed to lower the ship's fast response recovery boat, throw its life rafts down, or throw its lighted life rings. As a result, Frank Knowles, a good husband, a good father, and a good friend, perished. The ever present twinkle in his kind brown eyes was stilled.

No nicer person has ever existed. He gave to his family, friends and community all that he had. Even in death, he is giving us something that's very valuable. It is the reminder, due to the untimeliness of his death, that all of us, like the crew of that ship, have a duty to others to do things the right way, not the careless way. Failure to do that has a ripple effect, like a pebble tossed into a still pond, bringing sadness to family and many, many friends. So be safe. No texting while driving, and no intoxication when driving. Wherever you now are sailing, Frank, I wish for you gentle breezes and still waters. Goodbye, My Friend.

Some distinctions are sought after. Some are not. A WJHG report calls attention to one of the latter. In a comparison of midsized Florida cities (population 15,000 to 74,999, including 95 cities), Panama City ranked first in the number of fatal vehicle crashes seen in the 2006 to 2010 timeframe. This fatal crash ranking is according to the Florida Highway Safety Matrix which also reported that Panama City led the category in the number of aggressive driving incidents and the number of accidents involving teen drivers.

On a more hopeful note, this month the Florida Department of Transportation awarded a grant of $42,000 to Panama City Police Department ("PCPD") to help implement a new traffic-oriented software program. PCPD has been testing the TraCS system in recent years and officers believe it will help both officers and citizens. It allows officers to instantly transfer both crash reports and citations from the field to a department server, saving time compared to hand writing the information and improving the department's ability to track crash data. Hopefully this will allow the PCPD to track when and where drivers at most at risk of a crash. Interestingly, in the past four weeks the system revealed that the most likely time for a crash was Monday at 5 P.M.

Wrongful Death Claims in Florida
We are encouraged to hear that the PCPD is working to improve Panama City's crash ranking. This is surely not a list we want to top. As a Panama City wrongful death law firm, we've seen the horrible grief suffered by people who've lost a loved one in a fatal car accident. We pride ourselves on treating all clients with respect and dignity during these hard times. We also pride ourselves on helping grieving families navigate the civil law system and keeping them informed throughout the process of filing a Florida wrongful death claim.

A wrongful death claim is a civil lawsuit brought when a death is the result of a wrongful act, negligence, default, breach of contract, or breach of warranty (see Florida Statute Sections 768.16 through 768.26). The claim is brought by a personal representative on behalf of the victim's estate and surviving relatives. Survivors are defined by the Act to include the victim's spouse, parents, and children. In some cases other blood relatives may qualify as survivors if they were dependent on the victim for support. Damages can reflect both financial and non-financial losses. Covered financial losses include medical bills, funeral costs, lost wages, and the monetary value of the victim's services to the family (e.g. childcare, cooking, and cleaning). Non-financial losses that may be included in a wrongful death lawsuit vary by the nature of the relationship but include loss of companionship, guidance, and pain and suffering.

We hope that the next five years bring a vast reduction in the number of fatal crashes in Panama City and across our region. PCPD and the community as a whole must commit to this goal. We will continue to serve as a Panama City wrongful death law firm because we believe in helping victims. We will also continue to advocate for accident prevention because no lawsuit can ever bring back a loved one.

See Related Blog Posts:
What Causes Fatal Car Crashes? - Panama City Wrongful Death Attorney Considers Factors Following the Third Vehicle Fatality to Strike Our Region in Three Days

Panama City Event Honors the Memory of Loved Ones Whose Lives Were Taken by Violence

(Photo by Abe Kleinfeld)

There's an old saying that bad things come in threes. Sadly, that adage seems to have proven true on our region's roadways recently. Last Friday, WJGH reported on the region's third car crash related fatality in a mere three days. The triad of tragedies called to mind one the questions we are commonly asked as a law firm for fatal Panama City car crashes: What factors are most likely to lead to a fatal car crash?

Speeding a Likely Cause in Crash that Left One Passenger Dead and Another Seriously Injured
The third car accident fatality to strike our region in the short period claimed the life of twenty-three year old John Paul Tinsley of Callaway. Tinsley was one of two passengers in a Corvette driven by Carl Allen Wilson, age twenty-four of Port St. Joe, on County Road 286 around 9 P.M. on Thursday night. Police report that Wilson was travelling at an excessive speed when he failed to properly negotiate a curve in the road, causing the car to roll over about four miles north of Mexico Beach. Tinsley died at the scene. Wilson was ejected from the vehicle and was taken to Bay Medical/Sacred Heart in good condition. A second passenger, twenty-two year old Vanessa Ann Raynor, was transported to the hospital in serious condition. Charges against Wilson are currently pending.

Factors Leading to Vehicle Fatalities
Reviewing data from the National Highway Traffic Safety Administration ("NHTSA"), the Statistics Brain website compiled a list of the most common causes of fatal accidents. Combining that research with additional information from the popular EHow portal, these include:

• Drunk Driving (involved in 32% of fatal crashes) - While this remains the most commonly cited factor in fatal accidents, targeted education and enforcement efforts have helped this percentage drop from a high of 60% in 1982. Drivers who died due to driving drunk had an average BAC of 0.16, twice the legal limit in all U.S. states.


• Speeding (involved in 31% of fatal crashes) - Research has found that the risk of a fatal crash doubles with every 5 kilometers-per-hour (3.1 mph) over 60 km/hr (37.3) a car is travelling. Speeding is a danger because increased speed correlates with an increased reaction time meaning it takes longer to effectively brake. Speed can also increase the severity of a crash.


• Distraction (involved in 16% of fatal crashes) - While much attention has been paid to the danger of distraction due to mobile communications devices, distractions can come in many forms including fatigue, talking to passengers, eating or drinking while driving, and manipulating items like a wallet or purse. Driver distraction, particularly among younger drivers, led to an estimated 5,870 fatalities in 2008.


• Bad Weather (involved in 11% of fatal crashes) - Wet roads accounted for the largest share of fatal accidents involving dangerous weather. While people often fear winter weather, the NHTSA reported that 2,442 fatal crashes in 2008 involved rainy weather while only about a quarter of that amount, 838 fatal crashes, involved snow or sleet.

Of course, these are not the only factors that can lead to fatal vehicle accidents. Other elements we see frequently in our work as a Panama City car accident death law firm include: Drug (legal or illegal) use; Driver aggression/Road rage; Defective or poorly maintained auto parts, including tires, and; Medical issues impairing driver skill. Much of the time, an accident involves more than one danger-elevating factor.

Our Thought, Our Hopes, Our Promise
Our thoughts go out to the family of John Paul Tinsley and the families of the other victims who lost their lives in the recent spate of vehicle accidents. We hope this trend comes to an end and that other families do not experience the terrible moment of receiving tragic news. We urge all drivers to use caution on the roadways - most accidents involve some form of driver responsibility and it is up to each driver to keep our community safe.

Where some or all of the fault falls upon a driver, the family of a crash victim may have a wrongful death claim. Attorney Pittman has experience bringing such claims and helping families in the Panhandle region recover essential compensation in the wake of unexpected tragedy. Our team promises to provide the very best of legal service to each and every client. We also promise to treat grieving families with sensitivity, never forgetting the very human side of every wrongful death suit.

See Related Blog Posts:

Panama City Beach Fatality Serves as Reminder of the Danger of Mixing Drinking and Driving

Panama City Injury Attorney Comments on Seatbelt Use Following Fatal Accident

(Photo by Kel Patolog)

Drunk driving leads to tragedy. We confront this truth on a regular basis in our work as a Panama City car accident law firm. We can help victims recover damages in personal injury and wrongful death lawsuits. We cannot, however, answer the question we are asked time and time again - How can someone get behind the wheel while impaired knowing the dangers of drunk driving? There is no good answer to this question.

Pedestrian Killed by Suspected Drunk Driver in Panama City Beach

The News Herald is continuing to provide updates on a fatal accident involving a suspected drunk driver in Panama City Beach. On Sunday, thirty-seven year old James Gladney was crossing Joan Avenue when he was hit by a 1994 Dodge pickup. Twenty-seven year old William Scott Rhodes was behind the wheel of the truck when it stuck Gladney, killing the pedestrian and propelling his body into the intersection with Houston Street. Police charged Rhodes with DUI at the scene and transported him to Bay County Jail.

DUI Statistics from the Center for Disease Control
In the course of a single day, almost 30 people die in the U.S. as a result of motor vehicle collisions involving at least one alcohol-impaired driver. That figure, which translates into one fatality every 48 minutes, is just one of the statistics provided on the Center for Disease Control's ("CDC") Impaired Driving factsheet. The info sheet further notes that the 10,228 people killed in alcohol-involved crashes in 2010 represents nearly a third (31%) of all motor vehicle fatalities nationwide. About 18% of driver deaths nationwide involve a drug other than alcohol, such as cocaine or marijuana, although these substances are often used in combination with consuming alcohol.

The CDC identifies three groups that are most at risk from alcohol-involved driving: 1) Young people - The risk of a crash at all levels of BAC is higher among younger people and drivers between 21 and 24 account for 34% of fatal crashes involving a BAC over the 0.08% legal limit; 2) Motorcyclists -- The CDC found that 28% of motorcyclists killed in fatal accidents in 2010 had BACs above 0.08%. 2) Drivers with prior DUI/DWI convictions.

Preventing DUIs and Protecting the Victims

Community and governments can take a number of steps to prevent drunk driving deaths and injuries. Effectively enforcing the law, including revoking the license of people caught driving drunk, is key to cracking down on the problem. Sobriety checkpoints have consistently been shown to reduce the number of alcohol-related crashes, usually by around 9%. Community based approaches, including health promotion efforts, are also known to be effective. Another effort known to be successful in combating the DUI problem is requiring offenders to attend mandatory substance abuse assessment, followed by treatment where deemed appropriate. The CDC has also suggested lowering the BAC threshold to 0.05%, increasing alcohol excise taxes at both the state and federal level, and requiring mandatory BAC testing following any injury-causing motor vehicle crash.

Individuals can also help prevent alcohol-related car accidents. If your plans involve drinking, be sure to make transportation arrangements in advance such as designating a non-drinking driver or planning to call a taxi. Don't let friends drive drunk and take away their keys if they will not listen. If you are hosting an event where alcohol will be consumed, remind guests to plan ahead by designating a driver and offer alcohol-free alternatives for the sober drivers. You should also keep the number of a taxi company handy in case any of your guests need it (or plan to offer space to sleep overnight). Remember that there are no quick fixes and only time (not coffee, food, or a shower) can allow someone to sober up after drinking.

We can't tell our clients why people still get behind the wheel while intoxicated. We can, however, continue to provide information and drinking and driving in the hopes of convincing even one more person to say no to driving under the influence of alcohol. We will also continue to help the victims of Panama City drunk driving accidents. Civil injury and wrongful death suits provide victims with essential financial recovery. We also believe civil injury suits serve as one more deterrent against drinking and driving, hopefully allowing one tragedy to prevent another.

See Related Blog Posts:
The Civil and Criminal Implications of a Florida DUI

Before the Party: The Drunk Driving Stats We Hope Will Keep You Safe

(Photo by Jørgen Schyberg)

While the story has faded from the headlines, the family and friends of Robert Champion are still mourning his death in an alleged hazing incident at Florida A&M University. As our Panama City personal injury law firm discussed in these pages last summer, twenty-six year old Champion died on November 19, 2011 following a hazing ritual associated with the school's famed Marching 100 band. An autopsy revealed the cause of death to be internal bleeding, reportedly incurred when Champion was beaten by band members as he walked through their bus and was punched, kicked, beaten, and hit with drumsticks during an initiation ritual. The terrible tragedy is still being discussed among higher education administrators nationwide and in the context of resulting litigation, including the complex area of lawsuits against colleges and universities.

On Friday January 18, per a report by WJHG, FAMU hired Bryan Smith to serve as the school's Anti-Hazing Czar. The former director of an Atlanta charity, Smith beat out sixty other candidates for the job. Interim President of the University Larry Robinson announced that Smith has already developed a plan to stop dangerous hazing traditions at the school. FAMU is also looking to hire a new compliance officer, a search reportedly nearing completion, and a new band director to replace the individual fired in the wake of Champion's death.

Can You Sue a College or University in Florida?

Our team applauds efforts to prevent future hazing tragedies at the school and hopes other colleges and universities are also considering whether a similar incident could occur in their own community. One issue discussed in the wake of Champion's death is whether an individual can sue a college or university on either injury or wrongful death grounds.

The key issue to consider in answering this question is whether the school is public or private:

• Part One: Private Colleges & Universities

Private universities may receive tax breaks and use public student loan programs, but they are not operated by a government entity and operate primarily on private funding. Some are not-for-profit and others are for-profit, but private colleges are treated as private corporations and they can be sued as such in the same way any private company might be sued. So the answer is simple - You can sue a private college for injury or wrongful death claims. As with any lawsuit, a knowledgeable lawyer is crucial to receiving the full amount of monetary damages due, whether you ultimately settle your claim or go to trial.

• Part Two: Public Colleges & Universities

The issue of suing a college or university is more complex when the institution is public. Public colleges are primarily supported by state funds, often relying on state government subsidies. This means that the doctrine of sovereign immunity is relevant. Sovereign immunity is a centuries-old principle that says you cannot sue the government except to the extent it actively waives this immunity. Section 768.28 of the Florida Statutes waives this immunity in certain tort actions and allows individuals to sue a state entity for certain tort claims, including claims for personal injury or death based on the action or inaction of an employee within the scope of their employment duties. This means you can indeed bring a claim against a public college or university in Florida (the contours of immunity vary by state and answers may vary in other states).

However, these cases do have some special rules. The sovereign immunity waiver includes a damages cap. This limits recovery in a suit against a public college or university in Florida to $200,000 per person and $300,000 per incident. There are two exceptions: 1) When the state has specific insurance in a higher amount, or 2) When the state agrees to pass a special claims bill, essentially passing a law specifically awarding a higher amount in that case.

Regardless of the amount of damages, filing a claim against a state entity requires meeting specific, complex, procedural requirements. Also, even if the claim itself is subject to a four year limitations period, a claimant must submit a written claim to the state agency and the Department of Financial Services within three years of the incident.

So, yes, you can sue a public college or university. However, there are specific procedural rules that govern these suits and the amount you can recover is limited by law. It is even more important to hire an experienced law firm in order to navigate the requirements or you risk losing even the most valid claim.

Serving as Counsel in Claims Against Florida Public & Private Colleges
Our Panama City injury law firm believes that colleges, universities, and their employees should be responsible for their actions. Attorney Pittman has extensive experience in both injury and wrongful death claims. He also has specific experience bringing claims against the state and state entities, a background that can be essential to helping win a case against a public college or university (or an employee thereof). Call to arrange a free consultation.

See Related Blog Posts:
FAMU Eyes Reforms in the Wake of Hazing Death

Complex Cases: Car Crash Involving On-Duty Police Officer

(Photo by Bob Ramsey)

Guns are controversial. As we've talked about in this blog, there is much debate over the status of the Second Amendment right to bear arm. Regardless of your stance of gun ownership, it is likely we can all agree that guns must be handled with great care. Accidental shootings are all too common, especially since these tragedies are preventable. Our Panama City injury law firm has the knowledge and experience that is crucial to helping people injured in accidental shootings and the families of people who perished as a result of gun accidents in Florida's Panhandle region.

Accidental Shooting in Panama City Beach Claims Life of Twenty-Four Year Old Man
WJHG is covering the Bay County Sheriff's office continued investigation into the death of a local man from a gunshot. Last Wednesday, officers received a call from Blaine Kendall who told a 911 operator that he had accidentally shot his roommate. Police arrived at the Cypress Street home in Panama City Beach and found twenty-four year old Thomas Reid Crawford dead. Initially, Kendall said Crawford tripped on a loaded shotgun but, when evidence did not support this statement, he changed his explanation. Later, Kendall admitted that he had picked up the gun and inadvertently pulled the trigger while holding the weapon. Major Tommy Ford from the Bay County Sheriff's Office said, while the investigation is ongoing, they do believe the shooting was an accident. He did add that they have filed charges against Kendall for providing false information.

Accidental Shootings and Florida Personal Injury Law
Accidental shootings can occur in a range of settings including private homes, stores, shooting ranges, or even outdoors. Some of the more common incidents leading to an accidental shooting include: Cleaning a gun without checking to see if it is loaded or if the safety is on; Accidentally pulling the trigger when handing the gun to another individual; Firing a weapon into the sky; "Playing" around with a gun, including mimicking firing the gun; or Handling a gun while intoxicated. Other types of recreational items, such as airsoft guns or paintball guns, can also cause serious injury and give rise to a civil claim.

In order to bring a successful civil claim for an accidental shooting, a victim must point to some form of negligence. The negligence can be on the behalf of the shooter, gun owner, gun manufacturer, or a property owner. As a general matter, gun owners are responsible for preventing the gun from falling into the hands of another, including an adult or a child, and failing to properly store a gun can give rise to a claim. Defective firearms are more common that one would hope and they can give rise to product defect claims. Victims can bring an injury claim themselves and Florida law grants specified family members (usually the most immediate relative/s) the right to bring a wrongful death claim if the victim dies as a result of the injuries.

Another important note: In some cases, an accidental shooting may be covered by a homeowner's insurance policy. Of course, as anyone who has ever filed an insurance claim can attest, the fact that insurance may apply does not mean the process will be easy. Hiring a lawyer is still often necessary to receive the full compensation a victim is due.

Guns are controversial, but our Panama City accidental shooting law firm believes that representing people injured in gun accidents doesn't need to be. Call for a free consultation with Attorney Wes Pittman -- a Panama City personal injury lawyer with the experience and knowledge necessary to helping victims recover.

See Related Blog Posts:
What is the Current Status of the Second Amendment Right to Own a Gun

Panama City Injury Lawyer on Firearm Safety After Two Injured in Accidental Shooting

(Photo by Rob Bixby)

The phrase "gun violence" strikes chord of fear in almost all who hear it. Yet, many people will quickly follow their fear with a reassurance, either aloud or internal, that gun violence will not impact them. While we all hear the headlines about gangs and drug-related violence, our Panama City wrongful death lawyer knows that accidental shootings remain a very real issue.

Dispute Leaves Two Wounded After Accidental Gun Discharge

A local gun tragedy is discussed in a recent article by the News Herald team. According to the Bay County Sheriff's Office ("BCSO"), a struggle over a gun that eventually discharged, leaving both wounded. Neighbors called the BCSO to report a domestic disturbance at the Abalone Apartments on North Tyndall Parkway Friday. When officers arrived, they located a woman who had been injured by a shot to the right shoulder. With the aid of a K-9 and the BCSO air unit, officers located twenty-six year old Paul Lambert of Alabama. Police charged Lambert with tampering with evidence, aggravated battery, and being a felon in possession of a firearm. Lambert also suffered a gun wound to the left forearm. Police believe that Lambert demanded his girlfriend give him the gun she had in her purse. After she refused, the pair wrestled for the firearm and it went off, hitting both individuals. Investigators found that Lambert had been staying with family in the area, including twenty-four year old Amber Criswell, whom officers also arrested on charges she tampered with evidence. The girlfriend was hospitalized due to her injuries. Police report their investigation is ongoing and that more charges may come.

Statistics on Accidental Shootings in U.S.
There are many organizations that work to educate the public on the danger of gun-related accidents. Stop Handgun Violence, is a non-profit working to control gun violence through public awareness campaigns and sensible regulation. The group does not seek to ban guns entirely. Among the many facts shared on the group's website is the statistic that it is twenty-two times more likely that a gun in the home will be used in an unintentional shooting than in self-defense.

The more well-known Brady Campaign to Prevent Gun Violence devotes a full webpage to the issue of unintentional shootings. As a broad matter, they note that high gun ownership correlates with a higher number of unintentional shootings. Overall, the mortality rate stemming from accidental shootings is eight times higher in the four states with the most guns than in the four states with the highest levels (for kids five to ten, the rate is fourteen times higher, for kids from infancy through four years, the rate is eight times higher). In 2007, a total of 613 people died nationally as a result of an unintentional shooting. In 2009, a total of 18,610 people were wounded but survived following an unintentional shooting. Looking broadly, most unintentional shooting deaths occur in a home environment and nearly half of the incidents involved a victim being shot by someone they knew.

Many gun owners treat their weapons with care. Storage practices are associated with a rise in the risk of unintentional gun fatalities. Notably, thirty-three percent of households with a gun do not lock the firearm up and that rises to forty percent of homes with a child under age 18. Responsible gun owners should be consulted when government officials work to create safety programs to keep guns out of the wrong hands and encourage gun safety.

Panama City Law Firm for Victims of Gun Violence
Gun control is a controversial, political issue. Gun violence is, however, also a major public safety issue and thus a concern for our Panama City injury firm. If you have suffered injury or lost a loved one due to a firearms accident in Northwest Florida, please call our team. We offer a free consultation to discuss your rights and how the civil law system can help you obtain compensation for your injuries or the loss of your family member.

See Related Blog Posts:
FAMU Eyes Reforms in the Wake of Hazing Death
Panama City Event Honors the Memory of Loved Ones Whose Lives Were Taken by Violence

Along with others in our region, our Panama City wrongful death law firm is saddened by the tragic death of twenty-five year old Sean Philbrook. According to The News Herald, the Panama City Beach man was working as part of a beach trash collection team in the vicinity of the Twin Palms Condominiums on Monday, July 9. He was working on a trailer that was being pulled by a 2009 John Deere Tractor. At approximately 7 P.M., Philbrook lost his footing as he attempted to step from the front portion of the trailer to the right side of the platform. He fell, landing on his back in the sand and the tractor operator continued as the vehicle's right rear tires struck Philbrook. He was pronounced dead after being taken to Bay Medical Center.

Witnesses to the incident reported that the tractor was moving slowly, at around 4 miles per hour. Although the weight of the tractor has not yet been determined, Michael Bates, a spokesperson from the medical examiner's office, told reporters that it would not take much weight to cause the fatality. Bates said that sand does not give as much as people might imagine, noting that it is really just compacted glass. The company that provides trash pickup services on the beach is Adris Pender of Coastal Parasail Inc. Representatives of the organization, a private company that is funded by the Tourist Development Center, said that they do provide safety training to their employees but did not provide additional detail.

Investigation into Monday's incident is ongoing and we cannot comment on the legal ramifications of this specific case. However, it is important that families know that Florida law does provide civil remedies in cases of wrongful death. Section 768.18 of the Florida Statutes defines the survivors entitled to bring a wrongful death suit. This is usually the deceased's spouse, children, or parents, but can also include other relatives who depended on the deceased for support. Wrongful death claims are brought in civil court can proceed regardless of whether a criminal charge has been brought.

A range of damages are available in a wrongful death case. This includes the direct financial losses related to the incident such as medical bills and funeral expenses. Survivors may also be intended to damages reflecting the loss of the victim's wages and other contributions to the family such as the value of child care and household services. Damages can also be awarded for non-financial losses including loss of companionship and emotional grief.

If you believe a loved one's death was the result of negligence or other wrongful acts, please contact our legal team. We offer a free consultation to determine if a Panama City wrongful death lawsuit is appropriate. In most cases, we operate on a contingency fee basis so you only pay attorney's fees if we help you recover compensation for your loss.

We also encourage people to seek support in dealing with the grief that may follow an unexpected death. Counseling and support groups can help families move forward after tragedy.

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FAMU Eyes Reforms in the Wake of Hazing Death

Panama City Event Honors the Memory of Loved Ones Whose Lives Were Taken by Violence

We are lucky enough to live in a temperate climate that affords us the option of travelling by foot, at least before the heat of July and August set in and the air conditioner becomes too tempting to pass up. However, as a recent headline on the website of The News Herald reminds us, pedestrian accidents in Panama City remain an unfortunate reality.

On Friday June 8, a pedestrian was seriously injured on 15th Street, near the intersection with Mound Avenue. The sixty-three year old Panama City man was not using the intersection when he was struck by a vehicle while crossing U.S. 98. Initial indications did not suggest any error on behalf of the driver, twenty-eight year old Kellie Taylor, also of Panama City. No charges have been filed in the incident. The pedestrian, who is believed to have walked into the car's path, was taken to Bay Medical Center with serious, life-threatening injuries. An earlier version of the Herald's article noted that this is the third time in six months that a serious accident has occurred in the same general area, including a pedestrian death on December 9, 2011 that happened just a quarter-mile away.

Florida Pedestrian Accidents
Nationwide reports found that 4,280 lives were lost in pedestrian-involved motor vehicle crashes in 2010, a number that translates to nearly twelve deaths per day. Additionally, an estimated 70,000 pedestrians were injured in crashes during 2010. Although both numbers are part of a downward trend since 1995, it is still a significant toll, especially considering that hospital records suggest that only a fraction of the injury-causing crashes are reported to the police.

The problem of pedestrian crashes is particularly present in our state. Florida recorded the second highest number of pedestrian deaths in the nation for 2010. Per capita pedestrian fatality rates above the national average were also seen in other fast-growing Sunbelt States, including Arizona, California, Nevada, New Mexico, and Texas. However, Florida's rate was 50% higher than that reported in California, 62% percent higher than Texas, and 85% above the average per capita rate nationwide.

This is certainly not an area in which we wish to be a nationwide leader and the 2010 statistics prompted the Florida Department of Transportation to announce plans to create and implement a statewide Pedestrian Safety Action Plan. A meeting in May 2011 revealed the results of research into the problem of pedestrian accidents in Florida. Most of those involved reported a belief that improving safety would be best achieved by a multi-disciplinary approach including enforcement, engineering, and education. Suggested engineering improvements included the installation of sidewalks or paved shoulders, the creation of convenient crosswalks that are clearly visible to both drivers and pedestrians, and the use of good lighting in areas frequented by pedestrians. The importance of enforcing the law with both pedestrians and drivers was also discussed, along with the need for education efforts aimed at both populations.

We urge local, state, and national authorities to continue efforts to make our communities safe for pedestrians. Our Panama City personal injury law firm is available to help victims of automobile accidents in Northern Florida.

Additional resources on pedestrian safety in Florida:

State of Florida Pedestrian Safety Action Plan - Slides from the May

Walksafe - an educational program through the University of Miami School of Medicine aimed at improving pedestrian safety for children in Florida

Along with the nation, and the communities of Northern Florida in particular, our Panama City wrongful death lawyer was shocked to learn of the hazing death of Robert Chapman last fall. The twenty-six year old died on November 19, 2011 following a hazing ritual involving Florida A&M University's Marching 100 band. Reports indicate that Chapman was brutally beaten by band members as he walked from the front to the back of band's bus as part of an initiation ritual. Homicide charges were filed after an autopsy revealed that Champion died due to internal bleeding caused by blunt force trauma. Another band member who went through the ritual reported that he was punched, kicked, and beaten, including being hit with drumsticks.

This week, WJGH is reporting on FAMU's continued attempt to institute reforms in the wake of Chapman's death. FAMU leaders, including President Dr. James Ammons, have recognized that the effort means cracking down on a decades-long culture of hazing in the band, a clandestine world that thrived on secrecy. Part of the plan involves hiring two new officers, a Special Assistant focused on anti-hazing efforts and a Music Compliance Officer who will ensure band members are properly enrolled and maintaining a minimum grade point average. The combined annual cost of those positions is estimated to be $196,000. An additional $806,000 is slated to be spent helping FAMU improve its public image in the wake of the hazing scandal. The school has seen a drop in enrollment since the hazing death became headline news. Further funds totaling $139,000 have been requested to fund the hiring of three people for the Student Judicial Affairs office. A final vote on the proposed anti-hazing plan is expected shortly.

FAMU also faces significant legal costs in the wake of Chapman's death. $60,000 has been requested to cover outside legal counsel who will defend the school in hazing-related suits. Additional costs, in amounts that could be significantly greater than those mentioned by FAMU thus far, will likely result from the federal and state lawsuits that are expected to be filed by Chapman's family.

The FAMU Marching 100 was, prior to the recent events, known as one of the most accomplished collegiate marching bands in the nation. Growing from an original sixteen instruments to include 420 members, the band has played at presidential inaugurations, the NFL Super Bowl halftime show, and countless parades worldwide. Many members were inspired to join, and truly made participating a major life goal, after seeing performances as children. It is frightening to realize that underlying the masterful, beautiful performances was a culture of hazing and initiation rituals that allowed a young man to be beaten to death by his peers. It is tragic that it took a death to bring attention to this horrific practice. Hopefully, the attention will bring an end to hazing in the Marching 100 and lead other organizations to reform hazing cultures.

As a Panama City wrongful death law firm, we believe that the legal system can help families move forward, both financially and emotionally, from tragedy. The civil and criminal systems are not an "either/or" proposition. Criminal prosecution is important, but it is not the only venue for addressing a wrong. Criminal courts focus on punishing those who violate the law. In contrast, the civil system is focused on giving voice to victims and helping them recover damages after a loss. We encourage families who have lost a loved one due to the wrongful actions of others to reach out to experienced civil counsel. We cannot turn back the clock and undo the tragedy, but we can help you with the financial repercussions of loss and we can help ensure your voices are heard.

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Panama City Event Honors the Memory of Loved Ones Whose Lives Were Taken by Violence

Panama City Traffic Tragedy and Florida Wrongful Death Law

First responders who answer calls involving Panama City emergencies must be prepared for unexpected turns on a daily basis. The News Herald is covering an ongoing story in which a routine medical call turned into a methamphetamine bust. The Panama City injury attorney at The Pittman Firm hopes the story can serve as a reminder that drugs are an ongoing problem, one that can lead to Panama City accidents that can impact all of our region's residents and visitors.

On Friday morning at approximately 7:30, Bay County Sheriff's Office responded to an emergency call reporting that a man had stopped breathing at a home located at 3604 Orlando Road in Panama City. Emergency responders revived the man and transported him to the hospital's intensive care unit for further care. During the emergency call, officials noticed signs of ongoing, illegal narcotics activity at the residence. After obtaining a search warrant, investigators searched the location and found methamphetamine, drug-related paraphernalia, and an active "shake and bake" style meth lab.

Following the search, police arrested the following individuals: Joshua Bagley, a 25 year-old from Fountain, for manufacture and trafficking of meth, possession of drug paraphernalia, and tampering with evidence; Carolyn Warren, a 22 year old from Panama City, for possession of meth and drug paraphernalia; Tyler Elmore, age 19 of Panama City, for possession of meth and drug paraphernalia; and Kevin Kitrell, a 27 year old from Panama City, on an active grand theft warrant.

Methamphetamine is a serious drug that impacts the user's central nervous system. Although meth does have limited medical uses, it is more often manufactured as used as recreationally. Meth can be taken orally, by snorting, via injection, or by smoking. Even small amounts of the drug can have stimulant effects including rapid heart rate, increased blood pressure, irregular heartbeat, and increased respiration. High doses can result in convulsions, stroke, heart attack, and even death. Psychological effects of meth use include euphoria, anxiety, aggressiveness, hallucinations, feelings of invincibility/power, obsessive behaviors, and paranoia. Long-term use can cause heart disease, dangerous weight loss, severe dental issues, anxiety, violent behavior, and psychotic events similar to schizophrenia including paranoia, hallucinations, and delusions. Meth users may also experience depression and suicidal thoughts and suffer from cognitive defects such as memory loss and reduced mental functions. Withdrawal symptoms, including fatigue, depression, headaches, agitation, and sleep issues, can last for months for chronic users.

Methamphetamine can cause danger even to those who never use the drug. Production of meth, especially the "shake and bake" style meth labs found at the recent Panama City bust, is an extremely volatile process. Even a minor error, such as removing the cap on the bottle use to mix the chemicals too early or puncturing the container, can lead to a dangerous explosion. Meth lab explosions have caused numerous fires, destroying property and sending many innocent victims to the hospital with severe burns.

Car accidents are another way in which meth can harm non-users. Mobile meth labs can result in explosions on the road. Methamphetamine can also impair the ability of a user to drive. Reports suggest that meth use among truckers has been an issue since the 1970s, with drivers using the drug in an attempt to log longer hours behind the wheel. Both meth use and withdrawal, including simply coming down from a high, can lead to traffic accidents because but the drug can hamper vision, impair decision-making, and result in diminished motor skills.

Drug use remains a serious problem for our society. The use and production of methamphetamine not only harms users but also innocent bystanders. If you or a loved one has been harmed due to someone else's drug use, our Panama City injury law firm can help you receive compensation for your injuries and/or economic loss.

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Fire Erupts in Nursing Home After Meth Lab Explosion

Panama City Lawyer Comments on Two Local Home Fires

Continue reading "Recent Bust Serves as a Reminder of the Dangers of Methamphetamine Use and Manufacture" »

This week, WJHG reported on final preparations for an annual event recognizing crime victims in Panama City. Law enforcement representatives are partnering with advocacy groups to organize the annual event, called Missing Place at the Table. This is the sixth year for the event that focuses on families who have lost a loved one due to violent crime in Panama City or the surrounding regions. Missing Place at the Table allows the families to recognize and honor their loved ones for the life they lived and not just the tragic way their lives were taken.

Charlotte Greathouse, one of the event's coordinators, knows the feeling of loss personally. Her daughter, Kelli Bailey, was killed in 2001. Greathouse explains that the event helps recognize the continuing difficulty of losing a family member and no longer having the deceased loved one present at the table for family gatherings. This is the seventh year for the event which will be held on April 23 at 11 A.M. at the Panama City Mall. The event will be part of National Crime Prevention Week. The event is open to the public.

Violent deaths are unnecessary and tragic, leaving family members suffering an unimaginable loss. While no courtroom can ever bring back a lost loved one, families should know they may have a civil claim for wrongful death. A Florida wrongful death lawsuit is a claim brought in civil court on behalf of surviving relatives. The survivors entitled to recover can vary based on a number of factors and often include a surviving spouse, children or parents. The type of damages vary based on the nature of the incident causing death and the relationship of the survivors, but can include loss of financial support, loss of companionship, and damages for mental pain and suffering. Recovery can also be made on behalf of the victim's estate in order to pay medical bills, funeral expenses, or other outstanding debts. In most instances, Florida law requires that a claim for wrongful death be brought within two years of the death.

It is important for surviving family members to understand that a civil claim for wrongful death is completely separate from any criminal charges or resulting litigation. Criminal charges are typically brought to punish a wrongdoer for violating the law while a civil suit seeks to provide compensation to those impacted by the event. The standard of proof is different in criminal and civil court, with the burden being lower in civil cases. This means a civil claim, such as that for wrongful death, may be successful even if the wrongdoer is not convicted in criminal court.

If you have lost a loved one due to violence (or due to someone else's negligent act), please contact our experienced Panama City wrongful death law firm. We can help you obtain compensation that may assist you in moving forward after your loss.

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Panama City Traffic Tragedy and Florida Wrongful Death Law

The Engle Rule, Wrongful Death Suits, and Tobacco Companies